Ofensa à garantia constitucional do amplo acesso à justiça: a competência para a impetração do mandado de segurança individual

Abstract

This work is proposed in line with the studies and understandings relating to Access to Justice - access to a proper and fair legal system - understanding how to fix the responsibility within the constitutional action - Injunction - may actually configure an offense the right constitutionally guaranteed to the individual broad access to justice. Wonders through the perspective of the individual, if, in fact, fixing the responsibility as currently occurs, would be in harmony with the economic reality we live or whether, in fact, would be a form of selfprotection of the state against individuals. It is believed that, in practice, there is an "emptying" of this action, an essential guarantee for the individual to manifest effectively and rapidly against the outrages perpetrated by the State, in the figure of its agents. It presents a proposed modification of the mandamus jurisdiction to implore, to thus tailor the instrument for the intended purpose, namely, the effective and efficient response to the State's substantive law judge tutored. By acknowledging the violation of the constitutional guarantee wide access to justice, reconciled with new criteria for fixing the jurisdiction of the action, would enter into orbit with the ideals of access to justice for widespread doctrine, and in most cases, violated by government.